The agreement between you and Elluminates Software Corporation when you use Hyperscaler.
We wrote this in plain language so you can actually read it. The short summary below is not legally binding on its own — the full terms below it are — but if you only read one thing, read this:
This summary is for orientation only. The full Terms below — all twenty-two sections — are the legally binding agreement.
These Terms of Service (the "Terms") are an agreement between Elluminates Software Corporation ("Elluminates Software," "we," "us," or "our") and you — the person or organization subscribing to Hyperscaler®. By creating an account, clicking "I agree," submitting payment, signing an Order Form that references these Terms, or using the Hyperscaler platform, you agree to these Terms.
These Terms apply to all Hyperscaler subscription plans — Individual Trial, Individual Basic, Individual Pro, Individual Advanced, Business Trial, Business, Business Pro, and Business Enterprise. The same core rules apply to everyone; some sections flag where specific rules apply only to Individual, Business, or Business Enterprise tiers.
Business Enterprise customers typically sign an Order Form with us that specifies their plan, pricing, quantities, effective date, and any negotiated variations to these Terms. If you have a signed Order Form with us, it is part of your agreement with us, and if anything in the Order Form conflicts with these Terms, the Order Form controls for that specific conflict. For everyone else, these Terms are the complete agreement (along with our Privacy Policy and any other policies we reference below).
If you are agreeing to these Terms on behalf of a company or organization, you represent that you have the authority to bind that organization. In that case, "you" means that organization, and your obligations under these Terms apply to the organization.
If you do not agree to these Terms, do not create an account, do not use Hyperscaler, and if you already have an account, close it.
The following capitalized terms have the meanings given below wherever they are used in these Terms. Other capitalized terms are defined where they first appear. Section numbers referenced in these Terms will be conformed in the final published version.
You must be at least 18 years old (or the age of majority where you live) to create an account. Hyperscaler is a professional tool; it is not designed for or directed at children.
Individual plans (Trial, Basic, Pro, Advanced) are for a single user. You may not share an Individual account with anyone else, and you may not use Individual plans as a workaround to avoid Business plan pricing for a team.
When you sign up, give us accurate information and keep it current — especially your email address, because we use it to send billing notices, security alerts, and the courtesy notices we describe later in these Terms.
You are responsible for what happens on your account. Keep your password secret, enable multi-factor authentication when we offer it (we strongly recommend it), and tell us right away if you think someone has gained unauthorized access. If you are on a Business plan, you will designate one or more Super Administrators — they receive important account notices and can act on behalf of your organization.
The current plans, prices, features, and limits are shown on our pricing page. Features may be updated during a subscription month. We may add, remove, or change plans over time. The pricing page in effect when you subscribe (or when your Subscription Month renews) is the one that applies to you.
Business Enterprise is our top-tier plan for larger organizations that need dedicated resources and additional features. Unlike our other plans, Business Enterprise includes Automations run against cloud and on-prem workloads with dedicated IPs that remain with your active account for the life of that account. If your account is terminated or your Order Form expires, the dedicated IPs are released to our general pool and may be reassigned to other customers or other corporate purposes. These dedicated-resource commitments are a feature of the Business Enterprise plan itself — they do not require a separately executed addendum. The scope, capacity, and specifics of those dedicated resources are described in the plan's documentation and, where applicable, in your Order Form.
Business Enterprise subscriptions are typically established via Order Form rather than online self-service (meaning a subscription initiated and managed entirely online without a separately executed Order Form) checkout, and may include negotiated SLAs, invoicing terms (e.g., Net 30), volume pricing, security commitments, or other customer-specific provisions.
Individual Trial and Business Trial are 30-day free trials. At the end of the trial, the plan does not automatically convert to a paid plan unless you enter payment details and choose to upgrade. If you do not upgrade, the account becomes a free plan and is subject to the free-plan data rules below.
An account is in the Inactive state if either (a) a free trial of Hyperscaler was not upgraded to a paid Subscription Plan by the end of the trial period, or (b) a paid Subscription Plan was cancelled and the account was not deleted. For an Inactive account, after six (6) months of continuous inactivity we may:
As a courtesy, we will use reasonable efforts to email the Super Administrator(s) on file before we do any of this, so you have a chance to export anything you want to keep or delete the account entirely. If our email does not reach you, or you miss it, that does not delay or limit our rights under this section.
This rule only applies to Inactive accounts as defined above. While your account is an active paid account, your data is handled under section 13 (Your content and code) and our Privacy Policy, not this section. If you delete your account, this section does not apply because your Content is deleted with the account and we cannot use it for any further purpose, including training.
Our right to change the service. We may add, remove, change, rename, repackage, or discontinue plans, features, capabilities, limits, and integrations at any time, and we may move features between plans or tiers. The plans, prices, features, and limits that apply to you are those shown on the pricing page in effect when you subscribe or when your Subscription Month renews.
Notice of material changes. When we make a change to features or limits that we reasonably determine to be material and adverse to your existing Subscription Plan, we will notify the Super Administrator(s) on file (and, where we choose, other users) by email, in-platform notice, or our website, and the change will take effect immediately when made publicly available.
Your remedy. If we discontinue your Subscription Plan, or permanently remove a material feature you are then subscribed to, and we do not offer a roughly equivalent replacement, your sole remedy is the prorated refund described in Section 7.3. Adding features, changing limits, changing the composition of a plan, or modifying beta, preview, or Public Preview features does not by itself entitle you to a refund or credit. Continuing to use Hyperscaler after a change takes effect means you accept the change; if you do not accept the change, you may cancel your plan as described in Section 7.1.
A Subscription Month is a rolling 30-day period that starts on the date you first subscribed (or, for free trials that convert, the date you entered payment details). It is not a calendar month. Because Subscription Months are 30-day periods rather than calendar months, the date of charge can shift over time. For example, if you subscribed on February 15, your next Subscription Month begins March 17 (30 days later), and the one after that begins April 16, and so on.
If you are on a Self-Service Plan (Individual or Business, paid monthly by credit card), your subscription automatically renews every Subscription Month. At the end of each Subscription Month, we will automatically charge your payment method on file for the next Subscription Month at the then-current price for your plan, plus any applicable taxes, per-user fees, per-target fees, and AI Compute charges, until you cancel. This continues indefinitely until you cancel. You authorize us to make these charges.
If you are on Business Enterprise with an Order Form, the renewal and invoicing terms in your Order Form control — they may specify annual renewal, auto-renewal with opt-out notice, Net 30 invoicing, or other terms we have agreed to. The paragraph above does not override those.
How to cancel a self-service subscription: You can cancel at any time from your account settings. Cancellation takes effect at the end of your current Subscription Month — you keep access through then, and you will not be charged for the next one. We do not refund fees for the current Subscription Month when you cancel, but you also do not lose access partway through it. For Business Enterprise cancellation and non-renewal, follow your Order Form.
California, New York, and other state residents: This paragraph and the reminders we send you are intended to satisfy the automatic renewal disclosure requirements of your state's laws. If your state requires us to provide specific renewal reminders (for example, before annual renewals or after price changes), we will do so by email to the address you have given us.
You must provide a valid payment method and keep it current. If a charge fails, we will try again and notify you.
We may change prices for any plan. If we plan to raise the price of your current plan, we will give you at least 30 days' notice by email before the increase takes effect. You can cancel before the new price takes effect if you do not want to pay the new rate. Promotional prices and discounts apply only for the period we state when we offer them.
Prices shown do not include sales tax, VAT, GST, or similar taxes. Where we are required to collect those, we will add them to your invoice. If you are tax-exempt, send us your exemption documentation — until we have it, we will charge tax.
If your payment fails or your account is overdue, we may suspend some or all of the platform features for your account, including ability to run Automations, write to your data and use the AI features. We will try to let you know before suspending. Suspension does not relieve you of your obligation to pay past-due amounts.
If we cannot collect within 7 days, we may suspend your account thereby converting it to a read-only status and, if the problem is not resolved within the subscription month, cancel it. If we have not been able to charge your payment method by the start of your next Subscription Month, we will suspend your account until a payment is successfully collected. When payment is successfully collected after a suspension, your new Subscription Month begins on that collection date, and subsequent 30-day Subscription Months are measured from that new date.
Scheduled Maintenance is expected. We need to maintain, update, patch, repair, scale, and improve Hyperscaler from time to time, and doing so sometimes requires us to take Hyperscaler or some of its features offline or run it in a degraded state for a period ("Scheduled Maintenance"). You acknowledge and agree that Scheduled Maintenance is a normal and expected part of the service.
Notice. Where reasonably practicable, we will give advance notice of Scheduled Maintenance that we expect to cause material unavailability — for example, by email to the Super Administrator(s) on file, by an in-platform notice, or by a status page — and we will use commercially reasonable efforts to schedule it outside peak usage periods. We do not commit to any particular amount of advance notice.
Emergency maintenance. We may perform emergency or unplanned maintenance at any time and without advance notice where we reasonably believe it is necessary — for example, to address a security vulnerability, prevent imminent harm, comply with law, or respond to a failure of a third-party provider. Emergency maintenance is treated the same as Scheduled Maintenance under these Terms.
Not an outage; no refund or credit. Scheduled Maintenance and emergency maintenance are not outages, downtime, service failures, interruptions, or breaches of these Terms, and they do not constitute a discontinuation of your plan or of any feature. They do not entitle you to any refund, credit, fee reduction, extension, or other remedy, and they are not counted against any availability target, service level, or uptime figure (including any set out in an Order Form, unless that Order Form expressly says otherwise). For clarity, time lost to maintenance does not extend your Subscription Month or your AI Compute Pool.
Relationship to other terms. This Section 5.7 is in addition to, and does not limit, the "as is" and "as available" disclaimers and the limitations of liability in Section 17. For Order Form customers, any availability commitment is stated in the Order Form; in the absence of an express commitment, Hyperscaler is provided on a best-effort basis.
This section describes what happens when you add users, remove users, add or remove targets (the systems, devices, or endpoints you are managing with Hyperscaler), upgrade or downgrade your plan, or change your AI compute capacity.
Individual plans are capped: exactly one (1) user per account, and a maximum number of targets that depends on your tier (see the pricing page). If you need more users or more targets than your Individual tier allows, upgrade your Individual tier or switch to a Business plan. You cannot exceed the cap.
Business, Business Pro, and Business Trial plans have no cap on the number of users or targets. Every user who can log in and every target you configure counts toward your bill at the per-user and per-target rates for your tier.
When you add a user, we charge the full per-user fee for your current tier, and the user gets access immediately. You are charged the full per-user fee for the current Subscription Month, regardless of when in the month you add the user. We do not prorate per-user fees for partial months.
When you remove a user, that user loses access immediately. Your per-user charge for that user is unchanged for the remainder of the current Subscription Month, but the freed seat may be reassigned to another user at the same seat level (e.g., User or Developer+) for the rest of that Subscription Month at no additional per-user charge. If the seat is not reassigned, your per-user charge for that user drops at the start of the next Subscription Month. We do not refund or prorate downward mid-month for user removals. Seat-level definitions (User, Developer+) are described in the plan documentation.
If you add and remove users within the same Subscription Month and end up with the same user count you had at the start of the month, we will not charge you for the turnover. If you end the month with more users than you started with, you will be charged per the "Adding users" rule above for the net additions.
Adding a target always charges the full per-target fee for the current Subscription Month, regardless of when in the month you add it. The target is available for use immediately.
Removing a target takes effect at the end of the current Subscription Month. Your per-target charge for that target drops at the start of the next month. We do not prorate or refund mid-month for target removals.
Unlimited service accounts and credentials. You may create and use an unlimited number of service accounts and credentials (including API keys, service principals, machine identities, OAuth clients, SSH keys, and similar non-human authentication artifacts) for use with Hyperscaler, at no additional charge. Service accounts and credentials are not counted as Users or Developer+ seats, are not billed on a per-account or per-credential basis, and do not consume any per-seat fee. You are responsible for the security and management of all service accounts and credentials you create as set out in Section 3.4 (Account security) and Section 10 (You are responsible for your infrastructure).
Unlimited Automation runs. You may execute an unlimited number of Automation runs against your Targets, at no additional charge per run. Per-run charges do not apply on any plan. AI Compute consumed by a run is metered against your AI Compute Pool as described in Sections 6.9 through 6.12, and Target counts are billed as described in Sections 6.6 and 6.7, but the runs themselves are not separately metered or charged.
Scope and limits. These commitments apply to all paid Subscription Plans. They do not change the fair-use limits in Section 9 (Unacceptable use), the security and operational controls in Sections 14 and 15, the AI Compute mechanics in Sections 6.9 through 6.12, our right to throttle or suspend abusive or runaway activity, or any rate limits we publish from time to time. They also do not waive your obligation to comply with the third-party terms of any system you authenticate to with a service account or credential.
Each Subscription Month comes with a Base AI Compute allotment included with your Subscription Plan and is shown on the pricing page as "Base AI Compute Time." Base AI Compute resets at the start of each Subscription Month. Unused base AI Compute from a Subscription Month expires at the end of that month and does not roll over.
If you upgrade to a plan or configuration with a higher Base AI Compute allotment, the increase takes effect immediately for AI Compute Pool for your whole organization or for an individual plan, for that single user — you get the higher allotment for the current Subscription Month. The charge for the upgrade is billed immediately, regardless of when in the Subscription Month you make the change.
If you downgrade to a plan or configuration with a lower Base AI Compute allotment, you keep your current (higher) allotment and pay your current fees for the rest of the current Subscription Month. The lower allotment and lower fees take effect at the start of the next Subscription Month.
You can purchase a one-time AI Time Boost. A Boost is a one-time add-on, not a recurring charge. The Boost minutes are available for use during your current Subscription Month only and expire at the end of that month — they do not roll over and they do not get refunded if unused. If you want more capacity on an ongoing basis, upgrade your plan instead. The Boost is charged immediately at the time of purchase, regardless of when in the Subscription Month you purchase it.
Upgrades (moving to a higher tier — for example Business → Business Pro) take effect immediately. You get the upgraded plan's features and limits for the current Subscription Month, and you are charged the full difference in monthly fees for the current month and every month going forward.
Downgrades (moving to a lower tier) take effect at the start of your next Subscription Month. You keep your current plan's features, limits, and pricing through the end of the current month. We do not refund the difference for the current month.
The pricing, fees, add-ons, and charging mechanics described in this section reflect our current approach. We may change them going forward. If we do, we will give you notice under the "Price changes" and "Changes to these Terms" rules.
Cancel from your account settings or by contacting support. Cancellation takes effect at the end of your current Subscription Month. You keep access through then; you are not charged for the next month. Business Enterprise customers with an Order Form should follow the cancellation and non-renewal terms in the Order Form, which may include annual commitments or notice requirements that differ from the self-service rules above.
Except where the law requires otherwise, all fees you have paid are non-refundable. That includes subscription fees, per-user fees, per-target fees, AI Time Boost purchases, and any consumption or overage charges you have actually incurred.
We may, at our discretion, give you a prorated refund of the current Subscription Month's prepaid, unused subscription fees if:
To request a refund, email us within 30 days of the event that triggered the request. No refunds will be made for usage that already happened, AI Compute or AI Time Boost minutes that were already available to you, or terminations resulting from your "Unacceptable Use" as defined in Section 9 below.
After your account is cancelled for any reason other than a serious breach by you (like fraud, abuse, or using our platform to attack other systems), you have 6 months to export your content through our standard export tools. After 6 months, we may permanently delete the data. If you cancel your subscription but do not delete your account, your account enters the Inactive state described in Section 4.4, and the rules in Section 4.4 (including our right to delete or train on residual content after 6 months of inactivity) apply.
From time to time, we may offer Professional Services — for example, implementation assistance, onboarding, integration work, training, or custom development. Professional Services are not included with any subscription plan. If you want Professional Services, we will agree to the scope, deliverables, timeline, and fees in a separate Statement of Work (SOW) signed by both parties. The SOW is part of your agreement with us. If anything in the SOW conflicts with these Terms, the SOW controls for that specific conflict.
Do not use Hyperscaler to do things that are illegal, harmful, or damaging to others. In particular, do not:
If you violate this section, we may suspend or terminate your account, remove offending content, and cooperate with law enforcement.
Hyperscaler is a tool for managing your IT infrastructure. When you point it at your systems, it is going to change those systems. That is the whole point of the product.
By connecting Hyperscaler to your servers, workstations, cloud accounts, networks, applications, databases, or any other systems you control or are authorized to manage (together, your "Infrastructure"), you are giving Hyperscaler — including any AI, agent,
You accept the risk that this might break things. Automation tools can and sometimes do cause outages, misconfiguration, data loss, or other damage. That is true whether the change was initiated by you clicking a button, by a scheduled job, or by an AI or agent feature acting on your behalf. You are responsible for:
We are not liable to you, your employer, or anyone else for degradation, damage, destruction, downtime, or unavailability of your Infrastructure or data caused by your use of the platform.
If you configure, enable, or use any agentic, autonomous, scheduled, or AI-driven feature ("Agentic Features"), you acknowledge that those features may perform any of the actions described above without asking you to approve each individual action. The authorization you are granting in this section covers everything an Agentic Feature does within the scope you have configured.
You are solely responsible for the scope, permissions, credentials, target environments, and guardrails you give Agentic Features. We strongly recommend testing Agentic Features against a non-production environment before turning them loose on production.
Where the platform offers AI inference, generation, agentic, or other AI-related Compute ("AI Compute"), AI Compute is generally provided on a Best-Effort basis. For Individual, Business, and Business Pro plans there is no guaranteed throughput, latency, concurrency, queue depth, token rate, or availability — your AI Compute allotment gives you access to a shared, multi-tenant AI infrastructure whose capacity we balance across all our customers. You are not being given dedicated compute time, hardware, or model capacity on those plans.
AI components — including large language models, generative models, agents, copilots, and recommendation systems — can and do produce output that is inaccurate, incomplete, biased, fabricated (often called "hallucinated"), out of date, or unsuitable for your situation. We do not warrant that AI output is accurate, complete, reliable, or safe to run.
You are responsible for reviewing, validating, and verifying all AI-generated output before you execute, deploy, distribute, or otherwise act on it in your Infrastructure or any production environment.
To help you verify AI output safely, the platform provides a test inventory mechanism where you can designate non-production targets (staging, sandbox, lab environments) against which AI- or agent-proposed actions can be exercised before they are applied to production workloads. We strongly recommend using it for any material AI- or agent-driven operation.
By using Hyperscaler, you agree to our Privacy Policy. The categories of information we collect to provide to Hyperscaler include: your name and contact information; your business name and address (if applicable); the code, configurations, and other content you upload to the platform; the names, IP addresses, and other identifiers of the systems you connect to Hyperscaler; and metadata about your Infrastructure necessary for the platform to operate. The Privacy Policy contains the authoritative and complete description.
If you are using Hyperscaler to process personal data subject to GDPR, UK GDPR, CCPA, or similar privacy laws — for example, if your Infrastructure handles the personal data of your customers or employees — you should request our Data Processing Addendum (DPA) by emailing [privacy@elluminates.com]. The DPA, once in effect, governs how we handle personal data on your behalf.
The remainder of this Section 12 sets out our complete Privacy Policy. To the extent any URL referenced above is published, the URL version and this Section 12 are intended to be substantively identical; if they ever conflict, this Section 12 controls.
This policy applies to personal information Elluminates Software Corporation ("Elluminates Software," "we," "us," "our") collects, uses, and shares in connection with your access to and use of the Hyperscaler platform, including all subscription tiers (Individual Trial, Individual Basic, Individual Pro, Individual Advanced, Business Trial, Business, Business Pro, and Business Enterprise). It does not apply to data your Infrastructure processes about your own customers or employees through Hyperscaler — that data is handled under our Data Processing Addendum when one is in effect.
We collect the following categories of information:
We use this information to:
Where applicable law requires a legal basis for processing, we rely on:
We share personal information only as follows:
We do not sell your personal information, and we do not "share" it for cross-context behavioral advertising as those terms are defined under the CCPA and similar state laws.
Active paid accounts. We do not use the Content you upload or the contents of your support communications to train, fine-tune, or evaluate our general-purpose machine-learning or AI models. We may use Agent-Generated Artifacts for those purposes as described below. We also use de-identified or aggregated usage telemetry (for example, latency, error rates, feature-usage counts) to operate and improve the platform.
Inactive accounts. After six (6) months of continuous account inactivity, we may, as described in Section 4 (Free plans and what happens to your data), delete or archive your Content and use it (in de-identified or aggregated form An account is "Inactive" if either (a) a free trial was not upgraded to a paid Subscription Plan by the end of the trial period, or (b) a paid Subscription Plan was cancelled and the account was not deleted. For an Inactive account, after six (6) months of continuous inactivity, we may, as described in Section 4.4 (Inactive accounts and what happens to your data), delete or archive your Content and use it (in de-identified or aggregated form where technically practical) to train, fine-tune, evaluate, or improve our models. We will use reasonable efforts to email the Super Administrator(s) on file before doing so.
If you cancel your subscription and delete your account, this section does not apply because your Content is removed with the account. If you cancel but do not delete, your account becomes Inactive and is treated under the preceding paragraph and Section 4.4.
Support tickets and submissions. For active paid accounts, the substantive Content you include in support tickets — for example, code snippets, configurations, logs from your Infrastructure — remains your Content under Section 13 and is not used for model training. For Inactive accounts (as defined in Section 4.4), the Content you submit to support and our responses are owned by us as described in Section 13 and may be used to improve our services. In all cases, our responses, knowledge-base articles, and internal notes are owned by us.
Agent-Generated Artifacts. As stated in Section 13, the Agent-Generated Artifacts themselves are owned by us. Before any internal use beyond providing the platform to you — including using them to train, fine-tune, evaluate, or improve our machine-learning and AI models — we remove or de-identify any customer-specific identifiers contained in the artifact, including IP addresses, hostnames, DNS names, credentials, account names, and similar identifiers. We may use the resulting de-identified Agent-Generated Artifacts for model training and platform improvement on all plans, including paid plans. Your underlying Content used as input to generate an Agent-Generated Artifact remains yours under Section 13 and is not used for model training on paid plans.
We keep personal information for as long as your account is active and for a reasonable period afterward to satisfy the purposes described in this policy, comply with legal and tax obligations (typically up to seven years for billing and tax records), and resolve disputes. Specifically:
We use administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, disclosure, alteration, and destruction — including encryption in transit, encryption at rest for sensitive fields, role-based access controls, logging, and security monitoring as described in Section 15. No system is perfectly secure; we cannot guarantee absolute security. You are responsible for keeping your password and credentials confidential and for the configuration choices described in Section 10.
Hyperscaler is operated from the United States. If you access the platform from outside the United States, your information will be transferred to and processed in the United States and other countries where we or our service providers operate. For transfers from the EEA, UK, or Switzerland, we rely on Standard Contractual Clauses or other lawful transfer mechanisms set out in our Data Processing Addendum.
Depending on where you live, you may have rights to:
To exercise any of these rights, email us at privacy@elluminates.com. We will respond within the time frames required by applicable law. We may need to verify your identity before acting on your request, and some rights are subject to exceptions in the law.
California residents: You also have the rights to know, delete, correct, and limit the use of sensitive personal information under the CCPA, and the right not to be discriminated against for exercising those rights. As stated above, we do not sell or "share" personal information for cross-context behavioral advertising.
Hyperscaler is a professional tool not directed at children. We do not knowingly collect personal information from anyone under 18 (or the age of majority where they live). If you believe a child has provided us personal information, contact us at privacy@elluminates.com and we will delete it.
We may update this Section 12 from time to time. Material changes will be communicated under the "Changes to these Terms" rules in Section 21. Non-material updates take effect immediately.
For privacy questions or to exercise your rights, contact us at privacy@elluminates.com or by mail at: Elluminates Software Corporation, 14399 Penrose Pl Ste 240, Chantilly, Virginia 20151, USA, Attention: Privacy.
All the content, code, configurations, scripts, playbooks, inventories, prompts, and other materials you upload, submit, or transmit to Hyperscaler (your "Content") belong to you. We do not claim ownership of your Content.
You promise that your Content is either your own property, or that you have valid licenses or other rights to use it the way you are using it on Hyperscaler. If a third party claims otherwise, you are responsible for resolving that claim — not us.
You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and otherwise use your Content strictly as needed to provide the platform to you and to operate, secure, and improve our services. We may also collect usage analytics, metrics, and telemetry, and, where we de-identify or aggregate the data, use it to operate and improve the platform.
If you use AI or agent features that generate, modify, or propose code, configurations, playbooks, scripts, or other artifacts ("Agent-Generated Artifacts"), those artifacts may be available in the platform for you to view and edit during a session, but they may not always be retrievable through our standard download or export functions. If an Agent-Generated Artifact matters to you, copy it or export it through the mechanisms we provide while it is available. We are not liable if an Agent-Generated Artifact expires, is not exportable, or otherwise becomes unavailable. Notwithstanding section 13.1 (You own it), the Agent-Generated Artifacts themselves — including their structure, logic, and our model outputs — are owned by us. Any customer-specific identifiers (for example, IP addresses, hostnames, DNS names, account names, or credentials) that appear in an Agent-Generated Artifact will be removed or de-identified before we use the artifact for any purpose other than providing the platform to you. Once de-identified, we may use Agent-Generated Artifacts to train, fine-tune, evaluate, and improve our machine-learning and AI models and the platform, on all plans (including paid plans). Your underlying Content used as input to generate an Agent-Generated Artifact remains yours under section 13 and, on paid plans, is not used for model training.
If you upload a photograph or other image to use as a profile picture in Hyperscaler (a "Profile Picture"), the same Content rules in this Section 13 apply, with the additional terms below.
Your rights and consents. You represent and warrant that you own or have all necessary rights, licenses, and consents to upload the Profile Picture, including the rights of any individual depicted in it. If the Profile Picture depicts a person other than yourself, you represent that you have that person's consent to use their image as your Profile Picture in a business-software platform.
License you give us. By uploading a Profile Picture, you grant us a worldwide, non-exclusive, royalty-free license to host, copy, display, resize, and otherwise process the image solely for the purpose of displaying it within Hyperscaler to you and to other users of your account or organization who would normally see your profile (for example, teammates on a Business plan). We do not use Profile Pictures to train, fine-tune, or evaluate our machine-learning or AI models, and we do not share Profile Pictures with third parties except service providers acting on our behalf to operate the platform.
Acceptable use. Profile Pictures must comply with the Acceptable Use rules in Section 9. In particular, do not upload images that are obscene, harassing, infringing, deceptive (for example, impersonating another person), or that contain personal data of someone who has not consented to its use. We may remove a Profile Picture at any time and without notice if we believe in good faith that it violates these Terms.
Removal. You can change or remove your Profile Picture at any time from your account settings. When you remove a Profile Picture, we will stop displaying it within a reasonable period; cached copies in logs, backups, and similar systems are handled under the retention rules in Section 12.7.
Default avatars. We may, but are not required to, provide default avatars or generated images in place of an uploaded Profile Picture. Default avatars and generated images are owned by us.
You are responsible for maintaining your own independent, off-site backups of any Content, configurations, or code that matters to your business. We strongly recommend that you regularly export and store backups somewhere independent of Hyperscaler.
Even if we offer backup, snapshot, or restoration features in the platform, those features do not replace your responsibility to keep independent backups, and they do not guarantee against loss, corruption, or unavailability of your Content.
We monitor the platform for signs of abnormal, abusive, fraudulent, or hostile behavior — unusual login patterns, credential abuse, attempts to exceed entitlements, exfiltration patterns, automated scraping, malware staging, or use of the platform to attack other systems.
If we detect or reasonably suspect this kind of behavior in your account, we have the right to investigate — which may include reviewing logs, telemetry, configuration data, and activity records associated with your account and the users acting in it — to figure out what happened and protect the platform, our other customers, and third parties.
If we confirm or reasonably suspect a problem, we may throttle, isolate, suspend, or terminate affected sessions, credentials, or accounts, and notify law enforcement or other authorities where we believe in good faith that is warranted.
Hyperscaler, its software, documentation, designs, models, and the underlying technology are ours (and our licensors'). Hyperscaler® and Openvista® are registered trademarks of Elluminates Software Corporation. All other product names, logos, and trademarks mentioned in Hyperscaler or our documentation are the property of their respective owners. Without limitation, Ansible® is a registered trademark of Red Hat, Inc. References to Ansible® or any other third-party product in Hyperscaler are for identification and interoperability only and do not imply any sponsorship, endorsement, certification, or affiliation.
You may not, and you may not allow anyone else to: decompile, disassemble, reverse engineer, or try to extract the source code, model weights, model architectures, training data, system prompts, embeddings, fine-tuning data, or other proprietary parts of Hyperscaler or its AI components. You may not use Hyperscaler or its output to train, fine-tune, distill, evaluate, or benchmark any competing software, ML model, or AI system. You may not probe, scan, or test Hyperscaler for vulnerabilities unless we have specifically invited you to in writing.
Your commitment. By accessing, using, logging into, or subscribing to Hyperscaler, you (and, if you are agreeing on behalf of an organization, that organization and each of its affiliates) agree not to assert, file, fund, support, or voluntarily participate in any patent infringement claim, lawsuit, proceeding, or counterclaim against Elluminates Software Corporation, our affiliates, our licensors, or any of our or their respective customers, contractors, or suppliers, alleging that Hyperscaler, Openvista®, any of our other products or services, or the use or distribution of any of the foregoing, infringes any patent that you or your organization owns, controls, or has the right to license or assert. This commitment covers patents that exist now and patents that issue in the future, for so long as you or your organization continue to access or use Hyperscaler.
Consequences of breach. If you or your organization breach the commitment above by asserting any such patent claim against us or any of the parties listed above, then, in addition to any other remedy we may have: (a) all licenses and rights granted to you under these Terms terminate automatically as of the date of the assertion; (b) we may immediately suspend or terminate your account, your organization's account, and the accounts of any of your organization's users; and (c) you remain responsible for all amounts owed to us through the date of termination, with no refund of prepaid fees.
Defensive carveout. This Section 16.2 does not apply to a defensive patent claim you assert solely as a counterclaim in response to a patent infringement claim that we (or one of our
Plan eligibility. This Section 16.2 applies on all subscription plans, including Individual Trial, Individual Basic, Individual Pro, Individual Advanced, Business Trial, Business, Business Pro, Business Enterprise, and any free plan, and binds anyone who logs into or otherwise accesses Hyperscaler through your or your organization's credentials. For Business Enterprise customers under an Order Form, the Order Form may modify this Section 16.2; in case of conflict, the Order Form controls under Section 22.1.
To the maximum extent allowed by law, Hyperscaler is provided "as is" and "as available", without warranties of any kind — express, implied, or statutory. We specifically disclaim warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranty arising from course of dealing or usage of trade. We do not warrant that Hyperscaler will be uninterrupted, error-free, secure against every threat, or that it will meet your specific requirements.
We are not liable for indirect damages. To the maximum extent allowed by law, we are not liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost revenue, lost business, loss or corruption of data, cost of substitute services, business interruption, or damages to your Infrastructure — even if we have been told about the possibility of those damages.
Cap on total liability. To the maximum extent allowed by law, our total aggregate liability to you for all claims arising out of or relating to these Terms or Hyperscaler, whether in contract, tort (including negligence), strict liability, or any other theory, is limited to the amount you actually paid us for Hyperscaler in the twelve (12) months immediately before the event that gave rise to the claim. If you are on a free plan and have not paid us anything, our liability is limited to one hundred U.S. dollars (US\$100).
Some jurisdictions do not allow certain warranty disclaimers or limitations on liability, so parts of the two paragraphs above might not fully apply to you. Where a limitation is not allowed, it applies to the fullest extent it can.
You agree to defend, indemnify, and hold us (and our affiliates, officers, employees, and agents) harmless from any claims, damages, liabilities, losses, and costs (including reasonable attorneys' fees) arising out of or related to:
You can cancel your subscription anytime (see Section 7). You can also close your account entirely from account settings or by contacting us.
We can suspend or terminate your account, with or without notice, if:
When your account ends:
These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any lawsuit or proceeding must be brought exclusively in the state courts located in Fairfax County, Virginia, or the federal court for the Eastern District of Virginia, Alexandria Division. You and we each consent to the personal jurisdiction of those courts.
Please read this. Please read this Section 20.3 carefully — it affects how disputes between you and us are resolved and, with the class-action waiver in Section 20.4, requires that most disputes be resolved by binding individual arbitration rather than in court.
Agreement to arbitrate. Except for the Excluded Claims described below, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or to Hyperscaler — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or during the term of these Terms — will be resolved by final and binding arbitration on an individual basis, and not in court, except that either party may bring an individual claim in small-claims court if it qualifies.
How arbitration works. The arbitration will be administered by a recognized, neutral arbitration provider under its rules for commercial disputes then in effect, as modified by these Terms. The arbitration will be conducted in the English language. For claims under US\$25,000, the arbitration may be conducted, at your election, on the basis of documents only, by telephone or videoconference, or in person; for larger claims the hearing location will be in or near Fairfax County, Virginia, unless you and we agree otherwise or the arbitrator orders that an in-person hearing is unnecessary. The arbitrator, and not any court, has exclusive authority to resolve threshold questions about the scope, enforceability, and arbitrability of this Section 20.3, except that a court decides questions about the enforceability of the class-action waiver in Section 20.4.
Excluded Claims. The following are "Excluded Claims" that are not subject to mandatory arbitration: (a) an individual claim properly brought in small-claims court; (b) a claim to enforce or protect, or concerning the validity or infringement of, a party's intellectual property rights (including the patent non-assertion covenant in Section 16.2); and (c) a request for temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent harm pending arbitration. Seeking such relief does not waive the agreement to arbitrate.
30-day right to opt out. You have the right to opt out of this Section 20.3 by sending us written notice within 30 days after you first accept these Terms (or, for existing customers, within 30 days after this Section 20.3 first takes effect), by email to [legal@elluminates.com] with the subject line "Arbitration Opt-Out" and including your name, account, and a clear statement that you opt out of arbitration. If you opt out, the litigation provisions in Sections 20.1, 20.2, and 19.5 govern your disputes; the class-action waiver in Section 20.4 still applies. Opting out has no other effect on these Terms.
Jury-trial waiver; severability. If for any reason a dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial, to the fullest extent allowed by law. If any portion of this Section 20.3 is found unenforceable as to a particular claim or remedy, that portion is severed and the remainder continues to apply; however, if the class-action waiver in Section 20.4 is found unenforceable as to a particular claim, that particular claim will proceed in court and not in arbitration.
To the fullest extent allowed by law, you and we each give up the right to bring or join any class, collective, consolidated, mass-action, representative, or private-attorney-general proceeding against the other. All claims between us must be brought in an individual capacity only. If a court decides this waiver cannot be enforced for a particular claim, the waiver still applies to every other claim, and the non-waivable claim will be heard individually. This is a material term of these Terms.
Any claim you want to bring against us must be filed within one (1) year after the event that gave rise to it. Claims filed after that are permanently barred, except where applicable law does not allow that kind of limit.
Before filing a lawsuit, please email us at [legal@elluminates.example] with a description of your claim and give us 30 days to try to resolve it informally. We will do the same if we have a claim against you.
We may update these Terms from time to time. When we make material changes, we will let you know — usually by email to the address on file and by posting a notice in the platform or on our website — at least 30 days before the changes take effect (or a shorter period if the law requires faster action, for example for security reasons).
If you keep using Hyperscaler after the changes take effect, you are accepting the new Terms. If you do not agree to the new Terms, cancel your subscription before they take effect.
Non-material changes (like fixing a typo or clarifying existing language) take effect immediately.
These Terms, together with our Privacy Policy, our Acceptable Use Policy (if published), any Data Processing Addendum we enter into with you, any Statement of Work for Professional Services, and any Order Form you've signed with us, are the entire agreement between you and us about Hyperscaler. They replace any prior agreements or understandings on the same subject. If a signed Order Form, SOW, or DPA conflicts with these Terms, the signed document controls for that specific conflict. Where two or more signed documents address the same subject, the order of precedence is: a Statement of Work (SOW) controls over an Order Form for the work described in the SOW; an Order Form controls over these Terms; and these Terms control over the Privacy Policy, Acceptable Use Policy (if published), and Data Processing Addendum on matters not specifically addressed in the more specific document.
If we do not enforce a right or provision of these Terms right away, that does not mean we have waived it. We can still enforce it later.
If a court finds any part of these Terms unenforceable, the rest of these Terms still applies. The unenforceable part will be interpreted in a way that comes as close as possible to what we intended.
You cannot transfer or assign these Terms, or any of your rights or obligations under them, without our written consent. We can assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of our business.
Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and us.
These Terms are only for you and us. Nobody else has any rights to enforce them.
Neither of us is responsible for a failure or delay in performing our obligations (other than payment obligations) if it is caused by events beyond our reasonable control — for example, natural disasters, war, terrorism, labor disputes, internet or utility outages, pandemics, government actions, or third-party service failures.
We will send notices to you at the email address on your account. You can send notices to us at [legal@elluminates.com] or by mail to: Elluminates Software Corporation, 14399 Penrose Pl Ste 240, Chantilly, Virginia 20151, USA, Attention: Legal.
Hyperscaler may be subject to U.S. and other export control and sanctions laws. You agree to comply with those laws and not to use, export, or re-export Hyperscaler in violation of them. You confirm you're not on any U.S. government denied-party or sanctioned-party list and that you're not located in a country or region subject to comprehensive U.S. sanctions.
If you are a U.S. federal government end user, Hyperscaler is a "commercial item" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation." Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. government end users acquire Hyperscaler with only the rights set out here.
Headings are for convenience only and do not affect how these Terms are interpreted.
Email us at [app-support@elluminates.com] for support or [legal@elluminates.com] for legal questions about these Terms.
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